General Terms and Conditions HAZET Fan Shop
- These terms of sale apply exclusively. Conditions of the buyer that contradict or deviate from the terms of sale shall only be acknowledged if agreed upon in writing.
- These terms of sale also apply for all future business with the buyer, provided this relates to transactions of a similar nature.
II. Contact details
- Postal address:
HAZET-WERK – Hermann Zerver GmbH & Co KG
PO Box 10 04 61
- General partner
Zerver Verwaltungsgesellschaft mbH,
registered at the District Court of Wuppertal at HRB 11054
Managing Partners: Matthias J. Hoffmann, Guido Schmidt
- HAZET Telephone and Fax:
Telephone: +49 (0) 21 91 / 7 92-0
Fax: +49 (0) 21 91 / 7 92-375
- Bank details:
Deutsche Bank AG, Remscheid
Sort code 340 700 93
Account no. 5 188 396
Shop homepage: www.hazet-fanshop.de/
Telephone order hotline: +49-(0) 21 91 / 7 92-262
Fax order hotline: +49 (0) 21 91 / 7 92-375
III. Offer and conclusion of a contract
- The web pages of www.HAZET.com do not contain any legally binding offer for the conclusion of a contract. A legally binding offer for the conclusion of a purchase contract is only effective when the buyer submits an offer by sending off an order form in the webshop https://www.hazet-fanshop.de, by fax, telephone or email.
- When the buyer submits an order to HAZET, HAZET will send them an email confirming receipt of the order and listing the order details (order confirmation). This confirmation does not mean the order has been accepted, but is rather a confirmation that we have received the order.
- A definitive check as to whether an item is available is only performed when the buyer sends an order from the basket in the HAZET online shop. If an item is not in stock, the buyer shall be informed of this immediately and any payments that may have already been made shall be reimbursed without delay.
- The offer submitted by the buyer can be accepted by HAZET within 30 days. If an initial partial delivery is made within this time, the contract is effective with the first partial delivery. The delivery costs are then only charged once. A sales contract is only effective when the goods are sent to the buyer and the delivery is confirmed by email (delivery confirmation). If we do not react to the order within 30 days, the order shall be considered refused. In this case, the service rendered by the buyer shall be reimbursed immediately.
IV. Right of revocation for the consumer
Where the regulations on distance contracts apply in relation to the items bought from HAZET, consumers are entitled to a right of revocation subject to the following provisions:
The buyer has the right to revoke this contract within fourteen days without giving reasons. The period for revocation is fourteen days from the day on which the buyer, or a third party designated by the buyer that is not the carrier, takes possession of the goods. In order to exercise the right of revocation, the buyer must inform HAZET (Address: HAZET-WERK Hermann Zerver GmbH & Co KG, HAZET-Fan-Shop, PO Box 10 04 61, 42804 Remscheid, Fax: +49 (0) 21 91 / 7 92-375, Email: email@example.com) with a clear statement (e.g. a letter sent by post, fax or email) of its decision to revoke this contract. The buyer can use the attached sample, but this is not mandatory. In order to adhere to the deadline for revocation, it is sufficient for the buyer to dispatch the notification of revocation before the end of the revocation period.
Consequences of revocation
If the buyer revokes the contract, HAZET must reimburse all costs received from the buyer, including delivery costs, without delay and no later than within fourteen days from the day HAZET received the notification of revocation from the buyer. For the repayment, HAZET shall use the same means of payment used by the buyer in the original transaction, unless expressly agreed otherwise; in no event shall the buyer be charged because of this repayment. HAZET can refuse the repayment until the goods have been returned or until the buyer provides evidence that they have dispatched the goods, depending on which is earlier. The buyer must send back or return the goods to HAZET immediately and in any case no later than within fourteen days from the day it informed HAZET of the revocation of this contract. The deadline is met if the buyer dispatches the goods before the fourteen day period elapses.
Costs for return
The buyer shall bear the direct costs of returning the goods. The buyer must only pay for any loss of value if this can be attributed to handling of the goods that is not necessary for testing the condition, properties and function of the goods.
- HAZET reserves the right to supply a good of the same value and quality in relation to the buyer's offer.
- The pictures, colours and dimensions of the items we offer can deviate from the original and are not binding.
- Details of the delivery period are non-binding, provided the delivery date has not, by way of exception, been agreed bindingly.
- If delivery to the buyer is not possible because the buyer cannot be reached at the address given although the buyer was given reasonable notice of the delivery time, the buyer shall bear the costs of the unsuccessful delivery attempt.
VI. Prices, payment
- Prices are exclusively in € "Euro".
- Prices are subject to change at any time. The buyer may only pay by advance payment (the complete invoice amount must be transferred to the account detailed under II.4 (see above)). The order number and/or invoice number must be given with the transfer of the invoice amount.
- The prices in the webshop https://www.hazet-fanshop.de/ include the legal value added tax levied in Germany and apply at the time of order.
- The ordered goods are delivered to the delivery address given by the buyer at our expense and risk following receipt of payment to the account stated above (see II.4).
- Orders with a value of over €65 are delivered free of shipping costs. If the value of the goods is lower, the shipping fee is €6.50.
VII. Retention of title, offsetting, right of retention
- The delivered goods remain the property of HAZET until they have been paid for in full.
- The buyer shall only have the right to an offset if its counterclaims have been legally established or are not disputed by HAZET. In addition, the buyer shall only be entitled to a right of retention insofar as its counterclaim is based on the same contractual relationship.
VIII. Faults, warranty, liability
- The warranty period for items sold by HAZET is two years. The warranty period begins at the time of delivery.
- If the buyer is a company, legal entity under public law or a special fund under public law, the warranty period is one year, contrary to Paragraph VIII.1.
- Upon receipt, the goods must be inspected for transport damage by the buyer or the person authorised to receive the goods. If the buyer is a company, legal entity under public law or a special fund under public law, it is required to check the goods upon receipt immediately and to give written notice of any complaints without delay.
- In the event of a fault, the buyer can request delivery of a replacement. If HAZET is not able to provide this replacement delivery or replacement delivery fails twice, the buyer may withdraw from the contract. The services rendered up to that point must be reversed. Alternatively, if HAZET is not able to provide a replacement delivery, the buyer shall have the right to request an appropriate adjustment to the sale price.
- HAZET assumes unlimited liability for damages arising from loss of life, physical injury or harm to health which occur due to a culpable breach of obligation by HAZET (or its legal representatives or vicarious agents). In addition, HAZET assumes unlimited liability for other damages which occur due to a grossly negligent or deliberate breach of obligation by HAZET (or its legal representatives or vicarious agents). Otherwise, HAZET's liability is limited to the value of the goods ordered by the buyer, or, if no goods have been ordered, is excluded.
IX. Applicable law
- The law of the Federal Republic of Germany shall apply exclusively to the exclusion of the UN Sales Convention.
X. Data protection
- During the initiation, conclusion, development and rescindment of a purchase contract, data shall be compiled, saved and processed by HAZET within the scope of the legal provisions. When visiting the HAZET fan shop, the IP address used by the buyer's computer at that time, the date, time, browser type and the PC's operating system as well as the web pages viewed by the buyer will be recorded. It is however neither possible nor intended for HAZET to infer personal data from this.
- Personal data which the buyer shares with HAZET in an order or by email (e.g. name and contact details) shall only be used for correspondence with the buyer and only for the purposes for which the data was provided to HAZET. HAZET shall only forward this information to shipping companies commissioned with the delivery provided this is necessary for the delivery of the goods. For handling payments, HAZET shall give payment details to the bank assigned with processing the payment.
- HAZET ensures that the buyer's personal data are otherwise not shared with third parties unless HAZET is legally required to do so or the buyer has expressly agreed to this in advance. If HAZET uses the services of third parties to perform and handle work processes, the provisions of the Federal Data Protection Act will be adhered to.
- Duration of storage
- Personal data communicated to HAZET via this website is only saved until the purpose for which it was entrusted to HAZET has been fulfilled. Where retention periods for commercial or tax purposes apply, certain data may be saved for up to 10 years.
- Rights of the buyer
- If the buyer no longer agrees to its personal data being saved or if the data is no longer correct, HAZET shall, upon suitable instruction (e.g. letter, fax or email), delete, correct or block the data in accordance with the legal provisions.
XI. Place of fulfilment and jurisdiction
If the buyer is a company, legal entity under public law or a special fund under public law, the following applies:
- The headquarters of HAZET is agreed upon as the place of fulfilment for all obligations, including any warranty claims, arising from the contractual relationship.
- The place of jurisdiction is the registered office of the seller HAZET.
XII. Information according to Section 36 Para.1 No. 2 VSBG
The following notified body is responsible for proprietary disputes as a consumer arbitration board:
General Consumer Arbitration Board of the Centre for Arbitration e.V., Straßburger Straße 8, 77694 Kehl am Rhein, Website.
We participate in the dispute settlement procedure before this consumer arbitration board.
Further information OS Platform
XIII. Severability clause
The ineffectiveness of individual provisions of the underlying contract including the General Terms and Conditions shall not affect the effectiveness of the remaining provisions. If an individual provision should be ineffective, the parties undertake to replace the ineffective provision with another, effective provision which comes as close as possible to the economic interests of both parties upon conclusion of the contract. The same applies for unintentional omissions in the contract.
Status: […] February 2017